Legal Questions

The Fourth Amendment to the United States Constitution is perhaps one of the most frequently litigated constitutional amendments in the courts. In its entirety, the Fourth Amendment states, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The main purpose of the Fourth Amendment is to protect “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures.” The right to be free from unreasonable searches and seizures is a right guaranteed to every American citizen. The point of this right is to limit the government from unnecessary intrusions into your rights as a free citizen.

An unreasonable search and seizure issue most often arises when law enforcement searches a car after a traffic stop. The question then becomes whether the officers had reasonable suspicion to stop the car in the first place and/or probable cause to search the vehicle. If the police have seized property obtained through an illegal vehicle search, the seizure of the property is considered unreasonable.

An unreasonable search and seizure can also occur when law enforcement seeks to search a person’s home. In order for a search to be valid, the police must first obtain a warrant, which is supported by probable cause, and describes the place to be searched with particularity. If these requirements are not met, the defendant can petition the court to exclude the evidence at trial. The court will then determine if the police conformed to the requirements of the Fourth Amendment when obtaining the warrant and can order that the evidence not be allowed in trial under the exclusionary rule.

If the police search someone’s property without a warrant, the search is considered unreasonable unless exigent circumstances existed at the time of the search. The burden is then placed on the prosecution to prove that the police believed that there was an imminent danger that required an immediate search. Examples of such danger include, gunshots, a person screaming, or fire emanating from inside a building. Courts have also held that destruction of physical evidence can provide the police justification to search property in order to prevent its destruction. If any of these reasons exist then the Fourth Amendment’s warrant requirement is not violated.

If you believe that you are the victim of an unconstitutional search then it is imperative you contact an attorney.

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In California, filing a lawsuit requires a lot of thinking and consideration. Weigh your reasons why you want to charge. Is it valid? Do you have a reasonable cause to take legal action? What are your intentions for pursuing the suit? Is it because of money or is it to seek revenge? Do you want to obtain justice?

While you may have several good reasons to file for a lawsuit, you must first understand the consequences of pursuing a legal action. Litigation may take a long period, consume substantial amount of money, and may entail disappointment, hardships, and frustration. There is no assurance that you will be successful if you decide to go into court.

Thus, it is important that you evaluate your options first, and prepare considerably. It is highly advisable that you consult legal assistance with a good litigation attorney. He or she can help you weigh your chances. You and your attorney may take several steps in preparing for a civil action:

• Research the facts of your claim and assess whether all the elements of possible grounds for action are present

• Collect all possible evidence against the party you are about to sue

• Contact and convince witnesses to give their accounts and state under oath against the offending party

• Evaluate your mental and emotional state to see if you are capable of handling the pressures and difficulties of a jury trial

• Collect required funds for filing fees, court costs, and attorney’s fees

• Consider if a countersuit could be filed against you, and if necessary, make essential preparations

• Consider all possible damages that you may receive in case you are awarded a favorable decision

• Research the statute of limitation imposed on your case, and prepare to file before the statute waives your right to claim

• Assess all your legal rights and the potential consequences of your decisions

• Create and develop a strategy before proceeding

In the event that you and the offending party were not able to agree on a settlement and if you are completely determined filing charges against him or her, then you may do so.

Although getting a legal representative is not compulsory, having one can be very helpful since legal representation is needed to best prepare your claim and protect your interests. An attorney can also help you with the legal procedures. Not everybody knows how to take the initial steps in filing their cases.

It will be difficult if you do not have a legal authority in California to represent, speak and act on your behalf. You may be confused on how to proceed and on what actions are best to take. You will also have to carry all the pressures on your own, which will make your legal case more stressful and complicated to manage.

In California, numerous attorneys are highly experienced in litigation. Find an attorney who is well versed and familiar in handling your claims. Seek the help of one who has expertise on your type of case. This will definitely ease your burden of having to face intricate laws and processes involved in your case.

For reliable assistance in your legal worries, rely on the capabilities of our expert California litigation attorneys. Just log on to our website and fill out our case evaluation form to get free legal advice from our law experts.

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Although Europe has not seen much class action litigation to date, it is a subject on the agenda. Already allowed in the UK, Netherlands, Germany, Sweden and Portugal, other countries are looking also exploring the possibility. As the likes of US law firm Coughlin Stoig Geller Rudman & Robby hits London intent on recruiting pension funds to support its actions, the major European law firms are not taking the threat lightly.

It is also on the radar of the European Commission which is encouraging more private enforcement of Competition law.

The prospect of US-style class action litigation has seen lawyers in firms such as Lovells and Allen & Overy fighting back with the launch of class action units to handle major litigation and disputes on behalf of their corporate clients.

A survey carried out by a major US law firm Bryan Cave found that about 60 per cent of companies expect class actions in London within the next three years, whilst two in three expect products liability to be a major focus of such litigation.

But whilst many a litigation lawyer may be rubbing their hands in glee at the thought of such lucrative fees, the firm believes that legal fees would be lower than those paid in the US - with one in three believing that some form of US contingency fee will be involved.

The UK has already seen class action litigation with individuals suing corporates over major disasters, with personal injury law firms such as Irwin Mitchell and Pannone & Co representing victims of disasters over many years.

And the recent Northern Rock saga saw small shareholders looking to sue the government after expressing “disgust” at compensation proposals. According to the UK Shareholders’ Association (UKSA), valuation of the shares will not be fair or independent, although this is disputed by the Government.

This group is represented by law firm Edwin Coe, which represents around 7000 of the smaller shareholders of Northern Rock and which is calling on each of these to pay £50 each to raise money to sue.

Corporates and banks are the new target for class action lawyers as the arrival in London of the US class action lawyers proves. Coughlin Stoig, which recently won $700 million dollars for Enron investors since the energy giant collapsed in 2001, has raised the game to a new level and caused corporate and banking lawyers to take note. The firm is looking to recruit pension funds and claims to have 25 clients including Standard Life and Scottish Widows.

Richard Elsen of Byfield Consulting, a legal Public Relations company, predicts that the US class action firms have their eye on the banks in the aftermath of sub-prime, with the banking sector being an especially fertile source of class actions and litigation.

He attributes this to the fact that it is difficult for the major UK law firms to sue banks, which leaves a gap in the market for the US entrants. The battle for Europe is set to begin and the big corporate law firms and lawyers are getting ready to defend against the American class action invaders.

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Motorcycles have become popular nowadays. Many people from varied occupations, and from location anywhere and everywhere, do find utility in using motorcycles.

Whether from going to their work, to school or going other parts of the country, motorcycles have become the medium of transportation that is widely used across America, including Los Angeles City.

Moreover, irrespective of the seasonal changes, motorcycles as a mode of transportation were still prevalent. Interestingly, it has been remodeled for practical use in our daily lives. It was built to hurdle all the travails of the road.

On the other hand, as the streets become populated with cars and huge trucks, the number of motorcycle operators increased proportionately.

With the increase of use and utility of motorcycle, comes the increase of fatality rate of accidents related to motorcycles.

Motorcycle crashes vastly increased in number irrespective of the season. The seasonal rate of motorcycle crashes has long been abandoned.

Motorcycle crashes continue to take the lives of many motorcycle enthusiasts.

Actually, several factors are leading to motorcycle crashes. On top of the list was excessive speeding.

One was not wearing a helmet. Alcohol or drug influence also becomes a factor in any of the mishaps.

To address this concern, several motorcycle organizations have devised safety initiatives in order to eliminate or at least lessen the fatality rate of motorcycle riding. In fact, a worldwide motorcycle summit was convened to that effect.

Added to that, the respective state and local jurisdictions have made an effort to resolve the growing problems of accidents involving motorcycles.
In this respect, variety of programs, all for safety was constituted.

The constitutive programs relate the following concerns:

• the review or recall of motorcycle units,

• of having motorcycle training courses

• improved road maintenance including the proper provisioning of motorcycle lanes

• development of motorcycle mentoring program

• operational risk management training

• instilling rules of the road

• promotional usage of personal protective equipment

• identifying high-hazard areas

• and other safety concerns that would be helpful in diminishing motorcycle hazards

The foregoing programs are of great use and become a practical solution in reference to motorcycle crashes, at least in a way.

With these concerns, the top Los Angeles motorcycle accident attorneys have constituted a campaign, but now relating to the travails of lawsuit relating to motorcycle accidents.

The Los Angeles Motorcycle accident attorney found it timely to take the chance of explaining the mechanics of the legal battle in motorcycle accidents.

They have coordinated with various motorcycle organizations for them to extend legal help and educate the motorist with the essential knowledge about the legal implications of motorcycle accidents.

Variety of mechanisms and medium where used by the Los Angeles motorcycle accident attorney, from radio, print media, thru the internet and other means, all for the purpose of providing workable legal knowledge.

Parting words, it is basic for motorcycle riders to know or practice not only safe road travel but it is also equally important for one to know the essential laws that deal with motorcycle accidents.

For more information, contact a motor accident attorney in your area for better reference and guidance.

Our competent and reliable motorcycle accident attorneys offers free legal advice for our clients in Los Angeles. For more information, log on to our website and fill out our case evaluation form.

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ATLANTA, Georgia (CNN) — The Rev. James Orange, a civil rights activist whose 1965 jailing sparked a fatal protest that ultimately led to the famed Selma-to-Montgomery march and the Voting Rights Act, died Saturday at Atlanta’s Crawford Long Hospital, the Southern Christian Leadership Conference said in a statement. He was 65.

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Reverend Al Sharpton minced no words in denouncing today’s ruling by Justice Arthur Cooperman acquitting three detectives in the fatal shooting of Sean Bell outside a strip club a few hours before his wedding, terming the verdict an abortion of justice.  Said Sharpton:

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Drug charges cover a broad range of offenses, from the less severe, such as simple possession of a small amount of drugs, to the more serious, such as participation in the ongoing manufacturing or distributing of drugs. Even minor drug charges, such as drug possession, can be frightening and carry the risk of serious penalties upon conviction. The more serious drug charges, of course, can give rise to even graver consequences. Past drug convictions, the amount of the controlled substance that was found, and the severity of the drug type usually dictate the severity of the charge(s) to be levied. Drugs posing a greater threat to the individual are typically treated with greater legal penalties. In addition to prison time, another significant consequence can be the loss of custody of children in the household.

Issues involving child custody are very complicated especially when one or both of the parents have been charged with a drug offense. Since the issue of child custody is a civil matter, the case will generally be assigned to a family court judge. It is important to note that the case in family court can proceed against a parent even though he/she has not been actually convicted of the drug offense. The standard of proof required in family court is much more relaxed than in criminal court and there is no limitation regarding the information the judge may consider in making a determination on the custody of a child.

If either parent is contesting that the other should not be given custody or visitation then the matter can get even further complicated. When one parent has placed the child in a dangerous situation (this includes exposing the children to illicit drugs) this parent’s right of visitation can be denied and the other parent awarded sole legal and physical custody. In the alternative, the court can also order sanctions such as drug treatment and random tests to insure the safety of child.

Ultimately, the child’s welfare is the court’s paramount consideration. Of course, the fact of the personal relationships or circumstances of the parents are going to be relevant. The court will undoubtedly want to know if the fact that a parent is involved in drug activity is going to impact upon their ability to care for the child. The overall issue the family court will focus on is how the drug offense impacts that parent’s ability to adequately care for the children.

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Practically everyone finds himself/herself in such a situation, at one point of time, when he/she needs to find a person by phone number. You too, probably, have thought about ways to do so. Reverse phone number lookup is in a high demand for a reason.

There might be plenty of occasions urging you to find a person by phone number. In fact, such search can be invaluable in many situations:

1. You get anonymous calls or even threats over the phone. In both cases, such calls can be quite frightening, even if the harassing calls are blank. A cellphone ringing in the middle of the night can get on anybody’s nerves very quickly. Now you can find solace in knowing that the annoying caller can be easily located.

2. Sadly, the cases when you have to spy on your partner are not rare as well. Reverse phone number search can help you check occasional contacts on your spouse’s cellphone. This, probably, does not go well with some people’s ethics, but to restore your peace of mind little control will not harm.

3. Similarly, knowing your teenage kids’ contacts can be a timely measure to prevent them from doing something wrong. From your child’s circle of friends you can get to know your secretive teen better.

4. You have a phone number on hand, but no further details are known. This is the most common reason to search and find a person by phone number. Who knows – it can be your old friend or somebody whose contact can be useful for you.

5. Reverse phone number lookup is a good way to prevent wrong charges in your bills. For example, if checking your phone bill you see the numbers which you do not know, there are chances that you are a potential scam victim. Checking the unknown numbers dialed from your land line can otherwise give you an idea what your partner or kids were up to.

To find a person by phone number is pretty easy, especially if you look for a land line number. There are plenty of online services offering both free and paid searches of any phone numbers. Of course, paid searches are much more comprehensive and up-to-date, and allow you to find somebody even by a private cellphone number. Often, lots of additional information on the phone number owner is also available.

So, get rid of your doubts – find a person by phone number and learn more about a reverse phone number lookup from my blog now!

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